"Abuse of Position and Authority"

Within the chapter on crimes of corruption, the term "Abuse of position and authority" is mentioned. So, how should this term be understood?

According to Clause 5, Article 3 of Resolution 03/2020/NQ-HDTP stipulates as follows:

- "Abuse of position and powers" as defined in Clause 1, Article 355 of the Criminal Code refers to the use of power that exceeds the authority, responsibilities, and tasks assigned, or without being assigned, without being designated tasks, or powers in that field but still carrying them out.

For example: Nguyen Van A is the Vice Chairman of the Provincial People's Committee. A is only assigned to be in charge of the field of culture and society, not assigned to be in charge of land management. However, A still makes a decision to reclaim the land of Company X to hand over to Company Y (which is A’s family’s company). In this case, A’s actions have exceeded the responsibilities and tasks assigned.

Respectfully!

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